Legislators, O'Rourke, Escobar sign letter to DOJ

Six El Paso elected officials -- from local, state and federal levels -- have sent a strongly worded letter to the Civil Rights Division of the U.S. Department of Justice supporting the state takeover of the troubled El Paso Independent School District.

The elected officials criticized the school board for not protecting students and for failing to take "meaningful action" once details of a district cheating scheme surfaced, according to the letter dated Jan. 3.

"The board's poor decisions and failures to act have significantly eroded the public trust," the letter to the DOJ states.

"Over the last 24 months in private and public meetings the citizens of El Paso have expressed to us their frustration and disappointment with the current operations of the EPISD and have demanded action," it states.

The letter is signed by U.S. Rep. Beto O'Rourke, D-El Paso; state Sen. José Rodríguez, state Reps. Joe Pickett, Marisa Márquez and Naomi Gonzalez; and El Paso County Judge Veronica Escobar.

Texas Education Commissioner Michael Williams, who received a copy of the letter, also said the board had lost the public's trust when he announced in December the appointment of a conservator and board of managers.

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Officials wrote to the DOJ in response to claims trustees made last month that having a board of managers would disenfranchise El Paso voters, said O'Rourke.

"I thought it was important to clarify to the Department of Justice that this in no way disenfranchises El Paso's voters," O'Rourke said. "In fact, it arguably brings justice to people at schools like Bowie who have been denied it for several years."

The cheating scandal was uncovered at Bowie High School, where a 2011 internal audit showed that the transcripts of 77 students at the school were manipulated to keep the students out of the 10th grade.

That prevented the students from taking the sophomore-level state tests that help determine whether a school or district is meeting federal accountability measures.

Former Superintendent Lorenzo García is serving a 3åyear federal prison sentence for steering a $450,000 contract to his mistress and for leading efforts to cheat federal accountability measures by pushing limited English-speaking students out of school, blocking enrollment for others or putting children in the wrong grade.

Board President Isela Castañon-Williams declined to be interviewed about the letter, but in a written statement said in part, "The appointment of a board of managers would nullify the votes of those who participated in the 2009 and 2011 El Paso Independent School District trustee elections. It would suppress participation of potential candidates and voters in the upcoming May 11, 2013, board of trustee election because the elected trustees would have no authority as long as the board of managers continues to exist."

Trustee David Dodge, the board's vice president, declined to comment because he said he had not read the letter.

The school board in December decided to fight the Texas Education Agency by requesting a review of the board of managers and conservator assignments.

Trustees also directed the school district's attorney to send a response to the DOJ protesting the board of managers.

The federal Voting Rights Act requires the state to receive DOJ approval for replacing an elected board.

The law aims to prevent disenfranchisement of minority voters in states with a history of discrimination.

Rodríguez, a Democrat, said the group of elected officials wrote the letter after the school board challenged the commissioner's efforts to strip their power.

"I know that there are some concerns from some people that this will disenfranchise some of the voters, but my view is that it does not," Rodríguez said. "I'm not aware of any potential violation of the Voting Rights Act when the commissioner decides to follow state law and use one of the remedies available to correct deficiencies in the school district, as Commissioner Williams did."

Trustees have claimed that members of the board of managers are not representative of the school district's constituents.

Three of the five people appointed to the board of managers are Hispanic, and member Blanca Enriquez is an educator who graduated from Bowie High.

The group of elected officials said it was important to note that the board of managers is a temporary assignment.

School board elections are expected to continue as usual, and trustees would resume their duties once the commissioner reinstates the school board.

The board of managers can't be in place for more than two years.

Escobar said she was motivated to sign the letter after the school board decided to fight Williams' decisions.

"When I heard that there were claims of racial bias, I was really concerned that message would be delivered to the Department of Justice," Escobar said. "Frankly, if there's any racial bias, Hispanic children in some of the poorest ZIP codes in the country weren't protected. That's racial bias."

Márquez, a Democrat, said many of the officials on the letter had already expressed support for the commissioner's decision to appoint a board of managers but they wanted to voice their opinion as a group.

Márquez recalled Williams' comments about the pains he took in making the decision. She said the local elected leaders on the letter wanted to show Williams that they appreciated his quick action to address the cheating scheme.

"We were basically saying let's get together as a whole and say we support him, we commend him for the courage it took to basically scorch the earth and that we are supportive of the new change that's coming," Márquez said.

Some members of El Paso's state delegation declined to sign the letter.

State Rep. Joe Moody, D-El Paso, said that while he did not sign the letter, he supports the move by the commissioner.

"It's a very important issue and I wanted to give it the time it needed and they had a time that wasn't my time line," Moody said. "I don't think we were disagreeing."

Moody said he is sending a letter to the DOJ this week that will express support for the commissioner's decision to appoint a conservator and a board of managers to run the district.

Moody said his letter also would mention the TEA's failure to catch the cheating scheme two years ago and ask that the board of managers members begin transitioning out of their roles after the May election.

"Obviously, I support the action of the state," Moody said. "It was a drastic action but I support it. When you write a letter to the DOJ you need to tell the full story. TEA was part of the problem and they're going to be audited themselves. So, let them know that is going on to make sure that type of thing isn't swept under the rug again."

State Rep. Mary Gonzalez, D-El Paso, said she needed more information in order to sign the letter.

"There were some statements in there about how this is not going to disenfranchise voters," Mary Gonzalez said. "I'm not really ready to say that it doesn't. Not that I don't agree, but I want to talk to a lawyer before I say something."

Hayley Kappes may be reached at hkappes@elpasotimes.com; 546-6168.

Zahira Torres may be reached at ztorres@elpasotimes.com; 512-479-6606.

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